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JUL
1
1
2003
BEFORE THE ILLINOIS POLLUTION CONTROL BOARDS
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PEOPLE OF THE STATE OF ILLINOIS,
)
)
Complainant,
)
)
v.
)
PCBNO.
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)
(Enforcement)
HUCK STORE FIXTURE CO., INC.,
)
an Illinois corporation,
)
)
Respondent.
)
ANSWER
Respondent, Huck Store Fixture Co., Inc., responds to the Complaint as follows:
COUNT!
AIR
POLLUTION
1.
Respondent lacks sufficient information either to admit or deny the allegations
in
paragraph
1
and therefore, denies the allegations.
2.
Respondent admits the allegations contained in paragraph 2 ofComplainant’s
Complaint.
3.
Respondent denies the allegations contained in paragraph 3 ofComplainant’s
Complaint.
4.
Respondent admits the allegations contained in paragraph 4 of Complainant’s
Complaint.
5.
Paragraph
5
of Complainant’s Complaint states a provision of law, which requires
no response.
6.
Paragraph 6 ofComplainant’s Complaint states a provision oflaw, which requires
no response.
7.
Paragraph 7 ofComplainant’s Complaint states a provision oflaw,
which requires
no response.
8.
Respondent admits the allegations contained in paragraph 8 ofComplainant’s
Complaint.
9.
Respondent lacks sufficient information either to admit or deny the allegations in
paragraph 9 and, therefore, denies the allegations.
10.
Respondent denies the allegations contained in paragraph
10 ofComplainant’s
Complaint.
COUNT II
VIOLATION OF PERMIT CONDITIONS
(Failure to keep
records)
1-4.
Respondent incorporates by reference its
response to paragraphs
1-3 ofCount I as
if fully set forth herein:
5.
Paragraph
5
ofComplainant’s Complaint states a provision oflaw, which requires
no response.
6.
Respondent admits the allegations contained in paragraph 6 of Complainant’s
Complaint.
7.
Respondent denies the allegations contained in paragraph 7 ofComplainant’s
Complaint.
8.
Respondent denies the allegations contained in paragraph 8 ofComplainant’s
Complaint.
COUNT III
FAILURE TO OBTAIN CONSTRUCTION PERMIT
1-4.
Respondent incorporates by reference its response to paragraphs
1-4 ofCount I as
2
if fully set forth herein.
5.
Paragraph
5
ofComplainant’s Complaint states a provision oflaw, which requires
no
response.
6.
Paragraph
6 ofComplainant’s Complaint states a provision oflaw, which requires
no response.
7.
Paragraph 7 ofComplainant’s Complaint states a provision oflaw, which requires
no response.
8.
Paragraph 8 of Complainant’s Complaint states a provision oflaw, which requires
no response.
9.
Respondent lacks sufficient information either to admit or deny the allegations
and, therefore, denies the allegations contained in paragraph 9 ofComplainant’s Complaint.
10.
Respondent admits the allegations contained in paragraph
10 ofComplainant’s
Complaint.
11.
Respondent denies the allegations contained in paragraph
11 of Complainant’s
Complaint.
12.
Respondent denies the allegations contained in paragraph
12 ofComplainant’s
Complaint.
13.
Respondent denies the allegations contained in paragraph 13 ofComplainant’s
Complaint.
COUNT IV
FAILURE TO OBTAIN
OPERATING PERMIT
1-4.
Respondent incorporates by reference its response to paragraphs
1-3 ofCount I as
if fully set forth herein.
3
Complaint.
WHEREFORE, Respondent respectfully requests that Counts
I—IV be dismissed and it be
awarded its costs and such other relief as is appropriate.
AFFIRMATIVE DEFENSES
1.
Complainant has failed to
state a claim on which relief can be granted.
2.
Respondent was not in violation ofthe cited regulations as alleged, because it
performed an
alternative calculation as permitted by 35 Illinois Administrative Code
§215.207,
and
did not have the exceedences as alleged in the Complaint.
3.
Respondent performed no “modification” of any source.
4.
Respondent had no knowledge of the alleged non-compliance and believed in
good faith that it was in compliance with the applicable regulations and permits.
5.
Any alleged violation by Respondent of any ofthe cited regulations was de
minimis in nature.
6.
Respondent experienced no financial advantage through the alleged violations.
Respectfully submitted,
ARMOSTRONG TEASDALE LLP
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Julie O’Keefe
One Metropolitan Square, Suite 2600
St. Louis, Missouri 63 102-2740
314-621-5070
—
Telephone
314-621-5065
—
Facsimile
(314) 621-5065 (facsimile)
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CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy ofthe foregoing document
was served thislL
day of
J
~_~‘
,
2003 via UPS Overnight Delivery upon:
Thomas Davis
Senior Assistant Attorney General
500 South Second Street
Springfield, Illinois
62706
And by First Class Mail to:
Deborah L. Barnes
Senior Assistant Attorney General
500 South Second Street
Springfield, Illinois
62706
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